Why has the law of capture been criticized?

The law of capture allows landowners to extract natural resources, such as oil and gas, from beneath their property without regard to the potential depletion of resources from neighboring properties. One of the main criticisms of this doctrine is that it can create inequities among landowners. Wealthier landowners are often able to extract resources at a greater volume, leaving others — particularly those who may not have access to the same resources or technology — at a disadvantage.

Additionally, the law of capture can lead to wasteful practices as operators rush to extract resources before they are depleted, often without adequate planning for conservation or sustainability. This results in over-extraction and potentially significant environmental degradation, as the focus shifts to maximizing immediate profits over long-term resource management. Thus, the criticism encompasses both the social inequities it creates and the inefficient, shortsighted practices it encourages, leading to a host of environmental and economic issues.